In Nannette Lepore v. Hartford Fire Insurance the Second Circuit held that Hartford was under no obligation to defend or indemnify its fashion designer insureds in an underlying lawsuit alleging violations of intellectual property rights. Hartford issued commercial general liability and umbrella policies to its insureds, Nanette Lepore, Robert Savage, Robespierre, Inc. and NLHE LLC. In 2016,...Read More
In Campanello v Cinquemani, the plaintiff allegedly was injured while removing trees from the backyard of the defendant’s Long Island single family home. The plaintiff was hired by the defendant’s cousin, whom he considered his boss. At the time of the accident, the plaintiff was using the defendant’s chainsaw to cut branches from a downed tree while another worker assisted...Read More
The New Jersey Supreme Court recently issued a landmark ruling on the duty of a commercial property owner to maintain a leased property.
In Baldwin Shields v. Ramslee Motors, the court considered whether the owner of a commercial property owed its tenant’s invitee a duty to clear snow and ice from the property’s driveway while the property is in the sole possession and control of the tenant....Read More
In Berganzo v. Bronx Realty Group LLC, the Appellate Division, First Department addressed whether the defendant/property owner created an icy or slushy condition by improperly piling snow in the area where the incident occurred.
The case involved a personal injury action where the owners moved for summary judgment arguing that they did not have actual or constructive notice of the icy...Read More
In the recent decision Castlepoint Ins. Co. v Southside Manhattan View LLC, the First Department addressed the applicability of a broadly worded construction exclusion. That exclusion expressly provides that it applies to any work performed as part of or in connection with the enumerated construction operations.
The underlying litigation concerned a personal injury that occurred at a...Read More
In Unitrin Auto Home Ins Co. v. Sullivan, the Second Department declined to apply the intentional acts exclusion to bar coverage for a claim arising out of a claimant’s injury after being hit with a cup of urine.
In 2005, the insured was driving a car covered by a policy issued by Unitrin Home and Auto Insurance Company (“Unitrin”) along with two passengers. For unknown reasons, the parties...Read More
In Deegan v. St Patricks Church at West Neck, plaintiff, who at the time of the accident was a fifth-grade student attending defendant’s school, was injured when he fell while playing touch football in the parking lot during recess. Plaintiff alleged that defendant negligently failed to supervise plaintiff and was negligent in maintaining the subject premises, allowing a dangerous...Read More
In Jackson v. Shoprite, the plaintiff allegedly suffered injuries after slipping and falling due to shampoo on the floor in a Shoprite store. Video footage of the incident captured a plastic bottle of shampoo falling to the floor, and then being placed back onto the display by several customers. Three minutes later, the plaintiff suffered her fall. The parties agreed that the plaintiff fell...Read More
In Fireman’s Fund Ins. Co. v State Natl. Ins. Co., the New York Appellate Division, First Department addressed the issue of how to construe broadly worded additional insured endorsements. The coverage dispute arose out of an underlying slip and fall personal injury that occurred on a newly refinished catwalk passageway. While navigating this passageway, Mary Jane Schudde fell and...Read More
In a short, yet significant decision, the Appellate Division First Department in McGraw-Hill Educ, Inc v Illinois Natl Ins Co. reversed a trial court order and held that several insurers must fund the defense of McGraw-Hill Education, Inc. in connection with numerous underlying actions alleging that McGraw Hill violated the underlying plaintiffs’ rights by publishing copyrighted images....Read More